The Filibuster: a parliamentary tactic through which a minority prevents the majority from passing legislation. Wait, what? Essentially, a filibuster stops congress from passing a bill. The minority party, or even a single Senator, can block legislation. The Senate allows for unlimited debate on a bill unless a cloture vote, literally a vote to end debate, is called for. If a senator so chooses he can force 3/5^ths of the Senate to vote for cloture, 3/5^ths currently equals 60 Senators.

Two types of filibusters are recognized. These are often referred to as the painless filibuster, and the painful filibuster. The painful filibuster is the stuff of Hollywood legend: a single admirable Senator fighting for what he knows to be right. This tactic is rarely seen, and aptly named. A Senator must talk – endlessly. The Senator cannot sit down, eat, drink, go to the bathroom, lean on anything, or really do anything other than talk. So, why do this at all? Because in the circumstance where a single Senator feels obligated to block legislation, he can do so until he can no longer talk.

The sheer endurance necessary for the painful filibuster has relegated it mainly to the history books. It has been replaced by the “invisible” filibuster. Essentially the invisible, painless, filibuster allows for 41 Senators, the number necessary to block cloture, to declare their intention to filibuster. This means that the filibuster can be used extensively and without much struggle. Recently the “invisible” filibuster, introduced as a rule by Robert Byrd in the 1970s has been used to block financial regulation, federal judge nominations, and healthcare reform.

The filibuster has been used to block major portions of the Obama administration’s agenda. In 2009, the minority Republicans forced a record 139 votes for cloture; and as of the end of February 2010, the Republicans had forced 40 votes for cloture. The filibuster has become a tool for minority obstruction, and a successful one at that.